Resisting an Officer with Violence

Resisting an Officer with Violence Defense Attorney

According to Florida Statute 843.01 the crime of Resisting an Officer with Violence as defined as any person who knowingly and willfully resist an officer by committing a violent act towards the officer or “offering” to commit a violent act.

The crime of Resisting an Officer with Violence is made of four elements that must be proven by prosecution beyond a reasonable doubt:

1. Defendant knowing and willfully resisted, obstructed, or opposed the alleged victim by offering violence toward or against the officer;
2. The victim was engaged in the execution of legal duty at the time;
3. At the time, the victim was a law enforcement officer or legally authorized to execute the legal process; and
4. At the time, the defendant knew the alleged victim was a law enforcement officer or legally authorized to execute the legal process.

Penalties

The crime of Resisting an Officer with Violence is a third-degree felony and is punishable by:

• up to five years in prison;
• up to five years of probation; and
• a $5,000 fine.

If the resisting violence did not result in injury Florida Courts have typically sentenced defendants to 3-6 months in jail.

Possible Defenses

Resisting an Officer with Violence may be combated with several defenses established by the details and facts of each individual case. Potential defenses include:

• The arresting officer was using excessive force or not engaged in a legal duty;
• Defendant was not aware that the victim was a law enforcement officer;
• Defendant’s actions were not willful or knowing; and/or
• Defendant’s action were not violent.

Sercombe Law

If you find yourself standing accused of a Resisting an Officer with Violence you need to be sure you have a good lawyer on your side. Facing Resisting an Officer with Violence charges, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.